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UK-US Extradition Treaty

The United States has always required extradition on the basis of probable cause. Indeed, under its Bill of Rights, all criminal cases are determined in that way. The probable cause requirement is an evidential test that is enshrined in its Bill of Rights. The United States is not going to change that requirement, and we are not going to ask it to. Parliament has decided—correctly, in my view—that a probable cause standard of evidence, involving"““information which would justify the issue of a warrant for the arrest of a person””," should be required of countries such as Canada, Australia, New Zealand, the USA and others. Parliament considered the extradition treaty and ensured that it had robust safeguards against unfairness, to protect individuals. Those safeguards were dealt with in the courts. There was a lengthy process that dealt with the three individuals, who were able to go before the court and argue their case. Individuals may only be extradited for conduct that is also criminal in the UK. This is a dual criminality test which has to be established before a district judge in the UK and can be challenged on appeal.